Can I be sued even if a contract was signed

UPDATED: Oct 1, 2022

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Can I be sued even if a contract was signed

I want to open an inflatable slide/bounce house company and will have customers sign a standard contract stating myself and the company are not responsible. I will set up the company as an LLC, but I am concerned that if I am sued, and the customer wins, they will be able to go after my retirement account and house.
Is this possible?

Asked on November 24, 2017 under Business Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming that you do form an LLC as you indicate and you only sign agreements/contracts with the customers in your capacity as a member (that's what you call an owner) of the LLC and/or as manager or officer of it (i.e. always sign using your title and indicating you are signing for the LLC), you will NOT be liable for any claims or lawsuits against the company, and so the person suing cannot reach your retirement account and/or house.
There is an exception: if you *personally* did something careless, you could be sued for your own carelessness--and not as owner or employee of the LLC. Example: you are driving the van delivering the bounce house and in the process back into someone's car or hit a person. You could be sued as the careless driver, even though you would not be sued as the company owner. Say instead that you have an employee driving the van dropping off the bounce house and he has an accident: he could personally be sued, as the careless driver; the LLC could be sued, as his employer; the LLC could also be sued as the van owner (important: have our hypothetical van or any other vehicles/equipment be owned by the company, not by you personally, so you are not connected to accidents or injuries involving those things through being their owner); but you would be personally protected from liability, because being owner of an LLC does not by itself make you liable. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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